Page:United States Statutes at Large Volume 100 Part 2.djvu/532

 100 STAT. 1634

President of U.S. Records.

- J i l ' ' " ' vj'"

Ante, p. 1632. Ante, p. 1633.

PUBLIC LAW 99-499—OCT. 17, 1986

"(4) REVIEW.—Any person against whom a civil penalty is c assessed under this subsection may obtain review thereof in the • appropriate district court of the United States by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the President, The President shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed. If any person fails ,; to pay an assessment of a civil penalty after it has become a 5 final and unappealable order or after the appropriate court has entered final judgment in favor of the United States, the Presij dent may request the Attorney General of the United States to institute a civil action in an appropriate district court of the -., United States to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. In hearing such action, the court shall have authority to review the violation and the assessment of the civil penalty on the record. "(5) SUBPOENAS.—The President may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this subsection. In case of contumacy or refusal to, obey a subpoena issued pursuant to this paragraph and served ',-. upon any person, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the , ^ administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to ' obey such order of the court may be punished by such court as a contempt thereof. "(b) CLASS II ADMINISTRATIVE PENALTY.—A civil penalty of not more than $25,000 per day for each day during which the violation continues may be assessed by the President in the case of any of the following— "(1) A violation of the notice requirements of section 103(a) or (b). "(2) A violation of section 103(d)(2) (relating to destruction of records, etc.). ito financial responsibility, etc.), the regulations issued under section 108, or with any denial or detention order under section 108. "(4) A violation of an order under section 122(d)(3) (relating to settlement agreements for action under section 104(b)). "(5) Any failure or refusal referred to in section 122(1) (relating to violations of administrative orders, consent decrees, or agreements under section 120). In the case of a second or subsequent violation the amount of such penalty may be not more than $75,000 for each day during which the violation continues. Any civil penalty under this subsection shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected after notice and opportunity for hearing on the record in accordance with section 554 of title 5 of the United States Code. In any proceeding for the assessment of a civil penalty under this subsection the President may issue subpoenas for the attendance
 * V "(3) A violation of the requirements of section 108 (relating to

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